Vikram Singh Ashia S/o Shri Bhawani Singh Ashia vs Rajasthan Public Service Commission

The learned counsel for the petitioner contended that

the petitioner in pursuance of Advertisement dated 28.4.2016, has

undertaken Rajasthan State and Subordinate Service Combined

Recruitment Examination, 2016. The learned counsel for the

petitioner has contended that a bunch of sixteen writ petitions,

lead case being SBCWP No.13269/ 2016, Narendra Kumar

Sharma & Ors. vs. The State of Rajasthan & Anr ., were

decided on 16.11.2016 and then Expert Committee was

constituted to examine the questions disputed by the candidates.

It is undeniable fact that in pursuance of the order

dated 16.11.2016, passed in the case of Narendra Kumar Sharma

(supra), the Expert Committee was constituted.

The learned counsel for the petitioner has submitted

that even though the Expert Committee has given answers in

favour of the petitioners to the earlier litigation, RPSC ignored the

report of the Expert Committee and had not revised the result.

The learned counsel for the petitioner contended that

subsequently, another writ, SBCWP No.643/ 2017, Shivram

Singh Choudhary vs. The State of Rajasthan was filed in this

Court and same was dismissed by the co-ordinate Bench on

13.1.2017. It is further contended that the order passed by the

co-ordinate Bench was upheld by the Division Bench of this court

on 19.1.2017 in D.B. Civil Special Appeal (W) No. 64/ 2017,

Shivram Singh Choudhary vs. The State of Rajasthan & Anr.

It is further contended that aggrieved against the order passed by

the co-ordinate Bench on 13.1.2017 and the order dated

19.1.2017 passed by the Division Bench, the petitioner Shivram

Singh Choudhary had approached the Supreme Court by filing

Special Leave to Appeal (C) No. 3595/2017 and the Supreme

Court on 10.3.2017, had passed the following order:-

"The main contention of the learned counsel for the petitioners is that the Report of the Expert Committee was not shown to the High Court and to the parties, and the judgment has rendered based on the submission that the Committee has taken the view against the petitioners.

Learned counsel for the respondents has produced a copy of the Report of the Expert Committee before this Court.

Having gone through the Report, we are, prima facie, of the view that there is some force in the contention raised by the learned counsel for the petitioners.

We are informed that the final examination is to take

place on 27/28, March, 2017. Therefore, the respondents are directed to permit the petitioners before this Court to appear in the final examination, subject to further orders from this Court.

Post after six weeks."

It is urged by the learned counsel for the parties that

the petitioner is similarly situated and his case cannot be

distinguished from the case of Shivram Singh Choudhary, who has

preferred Special Leave to Appeal before Supreme Court.

Mr. M.F. Baig, the learned counsel for the respondent

could not distinguish the case of the petitioner. During the course

of arguments, the learned counsel for the parties are in

agreement that parties to the present writ petition shall abide by

the decision of the Supreme Court to be rendered in the case of

Special Leave to Appeal (C) No.3595/2017.

Consequently, the present writ petition is disposed of

by issuing following directions:-

i) That the petitioner shall be permitted by the respondent RPSC

to appear in the final examination in terms of the order dated

10.3.2017 passed by the Supreme Court, reproduced above,

subject to final orders to be passed by the Supreme Court in

Special Leave to Appeal (C) No.3595/ 2017, Shivram Singh

Choudhary vs. State of Rajasthan .

ii) That the parties to the present writ petition shall abide by the

outcome of Special Leave to Appeal (C) No.3595/ 2017, Shivram

Singh Choudhary vs. State of Rajasthan .